Commission Regulation (EC) No 402/2006 of  8 March 2006  amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code   (Text with EEA relevance)
Date: 2006-03-08
Institutions: European Commission
Subjects: customs document, fresh fruit, tropical fruit, weights and measures

9.3.2006

EN

Official Journal of the European Union

L 70/35

COMMISSION REGULATION (EC) No 402/2006

of 8 March 2006

amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

(4)

(5)

Commission Regulation (EEC) No 2454/93 (4) should
therefore be amended accordingly.

The measures provided for by this Regulation are in
accordance with the opinion of
the Customs Code
Committee,

Having regard to Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code (1),
and in particular Article 247 thereof,

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

Regulation (EEC) No 2454/93 is amended as follows:

(1)

(2)

(3)

In the light of experience gained since Commission Regu-
lation (EC) No 89/97 of 20 January 1997 amending
Regulation (EEC) No 2454/93 laying down provisions
for the implementation of Council Regulation (EEC) No
2913/92 establishing the Community Customs Code (2)
entered into force, it is necessary to specify the methods
to be used for determining the net weight of
fresh
bananas. These methods should include the weighing of
to establish their net weight, and the
fresh bananas,
drawing up of banana weighing certificates attesting
that weight, by economic operators authorised by
fresh bananas
customs authorities. The net weight of
should be established for each consignment of
fresh
bananas delivered by any means of transport.

To give sufficient time to Member States and economic
operators to prepare for the authorisation of weighers,
the measures concerning the weighing of fresh bananas
and the drawing up of banana weighing certificates
should apply from 1 June 2006.

For imports of certain electronic circuits covered by
Chapters 84 and 85 of the Combined Nomenclature,
countervailing duties have been imposed by Council
Regulation (EC) No 1480/2003 of 11 August 2003
imposing a definitive countervailing duty and collecting
definitively the provisional duty imposed on imports of
certain electronic microcircuits known as DRAMs
(dynamic random access memories) originating in the
Republic of Korea (3). With a view to ensuring the
uniform application of these countervailing duties, it is
necessary to have a specific rule of origin for
the
products covered by the said Regulation.

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-
lation (EC) No 648/2005 of the European Parliament and of the
Council (OJ L 117, 4.5.2005, p. 13).

(2) OJ L 17, 21.1.1997, p. 28.
(3) OJ L 212, 22.8.2003, p. 1. Regulation as amended by Regulation

(EC) No 2116/2005 (OJ L 340, 23.12.2005, p. 7).

1. after Article 290, the following text is inserted:

‘CHAPTER 1a

Provisions concerning bananas’;

2. Article 290a is replaced by the following:

‘Article 290a

For the purposes of this Chapter, and of Annexes 38b and
38c, the following definitions shall apply:

(a) “authorised weigher” means any economic operator
the purpose of

authorised by a customs office for
weighing fresh bananas;

(b) “applicant's records” means any documents related to the

weighing of fresh bananas;

(c) “net weight of fresh bananas” means the weight of the
and

themselves without packing materials

bananas
packing containers of any kind;

(d) “consignment of fresh bananas” means the consignment
comprising the total quantity of fresh bananas loaded on
a single means of transport and shipped by a single
exporter to one or more consignees;

(e) “place of unloading” means

any place where

a
consignment of
fresh bananas can be unloaded or
removed to under a customs procedure, or in the case
of containerised traffic, where the container is offloaded
from the ship, or aircraft, or other principal means of
transport or where the container is unpacked.’;

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 215/2006 (OJ L 38, 9.2.2006, p. 11).

L 70/36

EN

Official Journal of the European Union

9.3.2006

3. the following Article 290b is inserted:

‘Article 290b

Any customs office shall grant the status of authorised
1.
weigher, on application, to an economic operator involved
in the importation, carriage, storage or handling of fresh
bananas, provided that
are
the
fulfilled:

conditions

following

(a)

the applicant offers all the necessary guarantees for the
proper conduct of the weighing;

(b) the applicant has at his disposal appropriate weighing

equipment;

(c)

the applicant’s records enable the customs authorities to
carry out effective checks.

The customs office shall refuse the status of authorised
weigher
repeatedly
applicant has
infringed the customs legislation.

seriously or

the

if

The authorisation shall be limited to the weighing of fresh
bananas
supervised by the
at
authorising customs office.

carried out

the place

The authorising customs office shall withdraw the
2.
status of authorised weigher if the holder no longer fulfils
the conditions set out in paragraph 1.’;

4. the following Article 290c is inserted:

‘Article 290c

1.
For the purposes of checking the net weight of fresh
bananas imported into the Community falling within CN
code 0803 00 19, declarations for release for free circulation
shall be accompanied by a banana weighing certificate
stating the net weight of
the fresh
bananas concerned, by type of packaging and origin.

the consignment of

The banana weighing certificates shall be drawn up by
authorised weighers,
in accordance with the procedure set
out in Annex 38b and in the form corresponding to the
specimen provided in Annex 38c.

Under conditions to be laid down by the customs authorities
such certificates may be provided to the customs authorities
in electronic form.

The authorised weigher shall give the customs autho-
2.
rities advance notice of the weighing of a consignment of
fresh bananas for the purpose of drawing up a banana
weighing certificate, giving details of the type of packaging,
the origin and the time and place of weighing.

3.
Customs offices shall verify the net weight of fresh
bananas entered on banana weighing certificates, on the
basis of risk analysis, by checking at least 5 % of the total
number of banana weighing certificates presented each year,
either by being present at the weighing of the representative
samples of the bananas by the authorised weigher or by
weighing those samples themselves, in accordance with the
procedure set out in points 1, 2 and 3 of Annex 38b.’;

5. the following Article 290d is inserted:

‘Article 290d

The Member States shall communicate to the Commission
the list of authorised weighers and any subsequent changes
thereto.

The Commission shall forward such information to the other
Member States.’;

6. Annex 11 is amended in accordance with Annex I to this

Regulation.

7. Annex 38b is replaced by the text set out in Annex II to this

Regulation.

8. Annex 38c is inserted in accordance with Annex III to this

Regulation.

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

However, points 4, 7 and 8 of Article 1 shall apply from 1 June
2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 March 2006.

For the Commission

László KOVÁCS
Member of the Commission

9.3.2006

EN

Official Journal of the European Union

L 70/37

ANNEX I

Annex 11 is amended as follows:

(a) between the entries concerning products classified within CN codes ‘ex 7117’ and ‘ex 8482’ the following text is

inserted:

‘ex 8473 30 10 and
ex 8473 50 10

Electronic integrated circuits known
as
random access
dynamic
memories (DRAMs)

Manufacture where the increase in value acquired as a
result of working and processing, and, if applicable, the
incorporation of parts originating in the country of
manufacture, represents at least 45 % of the ex-works
price of the products.

When the 45 % rule is not met, the DRAMs originate in
the country in which the major portion in value of the
materials used originated’

(b) between the entries concerning products classified within CN codes ‘ex 8542’ and ‘ex 9009’ the following text is

inserted:

‘ex 8548 90 10

Electronic integrated circuits known
as
random access
dynamic
memories (DRAMs)

Manufacture where the increase in value acquired as a
result of working and processing, and, if applicable, the
incorporation of parts originating in the country of
manufacture, represents at least 45 % of the ex-works
price of the products.

When the 45 % rule is not met, the DRAMs originate in
the country in which the major portion in value of the
materials used originated’

L 70/38

EN

Official Journal of the European Union

9.3.2006

ANNEX II

‘ANNEX 38b

Procedure referred to in Article 290c(1)

For the purposes of Article 290c, the net weight of each consignment of fresh bananas shall be determined by authorised
weighers at any place of unloading in accordance with the following procedure:

1. a sample of units of packed bananas shall be selected for each type of packaging and for each origin. The sample of
units of packed bananas to be weighed shall constitute a representative sample of the consignment of fresh bananas. It
shall contain at least the quantities indicated below:

Number of units of packed bananas
(by type of packaging and origin)

Number of units of packed bananas to be inspected

— up to 400

— from 401 to 700

— from 701 to 1 000

— from 1 001 to 2 000

— from 2 001 to 4 000

— from 4 001 to 6 000

— more than 6 000

5

7

10

13

15

18

21

2. the net weight shall be determined as follows:

(a) by weighing each unit of packed bananas to be inspected (gross weight);

(b) by opening at least one unit of packed bananas, then calculating the weight of the packaging;

(c)

the weight of that packaging shall be accepted for all packaging of the same type and origin, and shall be deducted
from the weight of all the units of packed bananas weighed;

(d) the average net weight per unit of packed bananas thus established for each type and origin, based on the weight
of the samples checked, shall be accepted as the basis for determining the net weight of the consignment of fresh
bananas;

3. where the customs authority does not check the banana weighing certificates contemporaneously, the net weight
declared on such certificates shall be acceptable to customs authorities provided that the difference is not more or less
than 1 % between the declared net weight and the average net weight established by customs authorities;

4. the banana weighing certificate shall be presented to the customs office at which the declaration for release for free
circulation is submitted. The customs authorities shall apply the results of the sampling shown on the banana
weighing certificate to the whole consignment of fresh bananas to which that certificate relates.’

9.3.2006

EN

Official Journal of the European Union

L 70/39

The following Annex 38c is inserted:

ANNEX III

‘ANNEX 38c